(1)An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—
(a)the measure falls within subsection (2) or (3) (or both), and
(b)the enforcing authority considers that the measure is just and reasonable.
(2)A measure falls within this subsection if it is for the purpose of—
(a)preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or
(b)bringing to the attention of persons likely to be interested in the matter—
(i)the existence of the LME undertaking,
(ii)the circumstances in which it was given, and
(iii)any action taken (or not taken) by the subject in order to comply with the undertaking.
(3)A measure falls within this subsection if it is prescribed, or is of a description prescribed, in regulations made by the Secretary of State.
(4)The enforcing authority must not—
(a)invite the subject to give an LME undertaking, or
(b)agree to the form of an undertaking,
unless the authority believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (5).
(5)That purpose is preventing or reducing the risk of the subject—
(a)committing a further trigger offence under the relevant enactment, or
(b)continuing to commit the trigger offence.
(6)An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.
(7)In this section, the “relevant enactment” means the enactment under which the enforcing authority believes the trigger offence concerned has been or is being committed.
Commencement Information
I1S. 15 in force at 25.11.2016 by S.I. 2016/1037, reg. 4(a)